Court : Mumbai
Reported in : AIR2008Bom88
..... parties is different from the rule about the post. the contract is only complete when the acceptance is received by the offerer and the contract is made at the place where the acceptance is received.14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of ..... 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.(emphasis supplied)39. communication by fax is similar to communication by ..... , in its discretion, so adjudge it and order it to be delivered up and cancelled.(2) if the instrument has been registered under the indian registration act, 1908 , the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered and such ..... leave of the judge and the admission of the plaint does not affect in any way the presentation of the plaint for the purposes of the indian limitation act. that being so, i think that the decision of the learned judge is right and this suit was instituted within the period of limitation, ..... 2 of order iv of the cpc while considering when a suit is deemed to be instituted within the meaning of section 3 of the indian limitation act. it was contended on behalf of the appellants that a plaint cannot be presented except to a judge who is the only person who .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 25STC256(AP)
..... considerations must necessarily arise', their lordships of the supreme court said that no equitable considerations can be imported when the terms of section 72 of the indian contract act are clear and unambiguous.7. in state of madhya pradesh v. bhailal bhai,  15 s.t.c. 450 the respondents (petitioners before the ..... a mistake of law could be ordered in a writ petition as it could have been decreed in a civil suit under section 72 of the indian contract act. the important question to which their lordships were addressing their mind was posed by das gupta, at page 457 as follows:the question is ..... officer v. kanhaiya lal makund lal saraf,  9 s.t.c. 747 which discussed comprehensively the question whether under section 72 of the indian contract act the money paid under a mistake of law could be recovered. the position under the english law was that money paid under a mistake of ..... reason voidable. if money is paid under that contract, it cannot be said that that money was paid under mistake of law; it was ..... ground that the parties contracted under a mistaken belief of the law existing in british india. that contention was negatived in these words :in their 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 46ITR882(AP)
..... of the assessee was not that the partnership was continued under an agreement of the parties which would constitute a contract contrary to section 42 of the indian partnership act but that the partnership was continued under the directions of the testator. this position is apparent from the statement of ..... what was held there was that the words 'subject to the contract between the partners' in section 42 of the indian partnership act do not convey that the idea that the contract must be express and not convey such a contract to continue the partnership after the death of the partner could ..... -tax appellate tribunal, hyderabad bench has referred the following question for the opinion of this court under section 66(1) of the indian income-tax act (hereinafter called the act for the sake of convenience) namely :'whether, the assessee firm is entitled to exemption from tax in respect of the profits of ..... relationship between the surviving partners and the heirs of the deceased partner. for these reasons, our conclusion is that section 47 of the indian partnership act does not enable the assessee to claim that the partnership continues notwithstanding the death of one of the partners. it follows that the ..... agreement should be between the original partners of the firm at the time of the formation of the partnership. nowhere was it suggested that the continuation of the business was traceable to a contract entered into between the parties that the partnership was to continue in spite of the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2009AP117; 2009(4)ALT164
..... the parties from any further obligations. where the entire performance of a contract becomes substantially impossible without any fault on either side, the contract is prima facie dissolved by the doctrine of frustration, indian contract and specific relief acts - pollock & mulla 12th edition. it is the admitted case of the parties that, even after the ..... first respondent, that the burden lay on the petitioner to prove that the first respondent was still dealing with the department and that he had a subsisting interest in the contracts with the government. learned counsel would rely on ranjeet singh v. harmohinder singh pradhan : 2scr1102 , kartar singh bhadana v. harisingh nalwa : 2scr790 , shrikant v. ..... retirement of the first respondent from the partnership firm without either intimation to, or the consent of, the government with whom the partnership firm had a subsisting contract, rejection of the petitioner's objection petition by the returning officer and intimation of the first respondent regarding his retirement to the registrar of firms subsequent to the ..... partnership was not given to the government.25. frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which is due to no fault of either party and which render performance of the contract by one or both parties physically and commercially impossible. the court regards these sets of circumstances as releasing .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1956Cal216
..... title so that it ceases to be a matter of mere procedure.section 11, limitation act is a plain recognition of this principle. though the proper law of contract determines most matters relating to the formation, validity and substance of the contract by virtue of section 11 of the indian limitation act, no foreign law of limitation is a defence to a suit in india unless ..... that law has extinguished the contract and the parties were domiciled in such country during the prescribed ..... period.section 11 of the indian limitation act is, however, not exhaustive. thus it .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... smt. nilima rani and ors. jairborthan, 1969(3) scc 445, the supreme court invoked the provisions of section 63 of the indian contract act in terms whereof a promisee may dispense with the performance of the promise made to him or he can accept, instead of it any satisfaction of the ..... the high authority of chitty on which reliance has been placed by mr. bhagwati prasad, itself would, therefore, show that no variation of a contract required to made or evidenced by writing must be made or evidenced only by writing.[see also paragraph 23-033, page 1466] in the aforementioned situation ..... refer to an election between inconsistent rights. waiver is relevant where difficulties of form or absence of consideration mean that there is no variation of the contract. waiver was developed by the common law mainly as a device for evading the formal requirements of the statute of frauds, but because, as we ..... the validity whereof is not in question, both `waiver as also `modification in the contract could have been carried out only by an instrument in writing. even otherwise in terms of section 92 of the indian evidence act, no other evidence would be admissible. the petitioner in support of its case has examined three ..... contract which he thinks fit. such is not the position here. we may, however, notice that at the stage of formation of a contract it is possible to invoke the doctrine of `acceptance sub silentio. it has been .....Tag this Judgment!
Court : Andhra Pradesh
..... into through a registered deed or otherwise in respect of all demised plots in the azamabad industrial area notwithstanding anything contained in the indian contract act, 1872, the transfer of property act, 1882 or any other law for the time being in force and the terms and conditions of any lease entered into or ..... section 3 (which provides that where a lessee enters into a partnership agreement in respect of the demised plot, then notwithstanding anything in the indian partnership act, 1932, it shall also be deemed to be in violation of the conditions of the lease), the judgment of the civil court in o ..... on such terms and conditions as may be prescribed. explanation to section 4 stated that for the purposes of act 15 of 1992, notwithstanding anything in the indian partnership act, 1932, the act of a lessee in entering into a partnership agreement or other cognate agreement for carrying on any activity whatsoever on ..... paying a price equivalent to 75% of the market value as specified for the area in market value guidelines under section 47(a) of the indian stamps act, 1899. (4) upon the termination of the leases or other arrangement in respect of the plot under sub-section (1) the rights and ..... such uniform terms and conditions including reduced lease period and revised rates of premium and quit rent and adoption of standard format of lease deed, thereby ensuring maximum use of existing infrastructure facilities and proper management of valuable urban property of the government." 42. section 3 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009CriLJ3462; JT2009(6)SC375; 2009(7)SCALE85; (2009)7SCC712; 2009AIRSCW3976; 2009(3)LHSC2041
..... code is existence of an intention of making initial promise or existence thereof from the very beginning of formation of contract.in ajay mitra v. state of m.p. : 2003crilj1249 , this court held: 15. section 420 ipc says that 'whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person ... shall ..... person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit. no act of inducement on the part of the appellant has been alleged by the respondent. no allegation has been made that he had an intention to cheat the ..... intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to `cheat'. 16. ..... induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to `cheat'. an offence ..... that the appellants are guilty of commission of offence punishable under section 3 and/or 4 of the dowry prohibition act. if any dowry has been given, the same would attract the provisions of the special act in preference to the general statute. furthermore, if any article is given by way of dowry, the question .....Tag this Judgment!
Court : Chennai
Reported in : (1902)ILR25Mad26
..... edition page 528; bhugwandas mitharam v. rivett-carnac l.r. 26 indap 32 : i.l.r. 23 bom. 544 and also section 241 of the indian contract act. as the rate of interest claimed is the ordinary 12 par cent., rate which is current among persons of the class to which the parties belong, the ..... principle of the english common law as to the operation of a release given by one of two or more joint promisees, is not affected by the indian contract act, and is the law here, as held in barber maran v. ramana goundan i.l.r. 20 mad. 461 already cited, it is clearly ..... there was a complete dissolution of the partnership (section 253, clause 10 of the indian contract act), for it is not alleged or proved that there was a contract to the contrary antecedent to such dissolution, the existence of which contract would have barred the dissolution of the partnership, so far as the four surviving partners ..... . primd facie the present suit brought in 1898 for an account of the partnership would be barred by article 106 of schedule 2 of the indian limitation act, which requires such a suit to be brought within three years from the date of the dissolution of partnership. the bar by limitation is, ..... were concerned. the fact that the surviving partners did carry on the same business in partnership among themselves would only amount in law to the formation of a new partnership and .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC101; 2002(1)ALD111(SC); JT2001(9)SC488; (2002)1PLR217; 2001(8)SCALE152; (2002)1SCC583
..... include himself as a partner of a firm will not result in incorporation of all his individual properties as the assets of the partnership. section 14 of the indian partnership act 1932 says: 'subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired ..... of the firm, and includes also the goodwill of the business.'10. here it is an admitted fact that appellant was a tenant of the building even earlier than the formation of the firm m/s. shiva and co. in such a situation the tenancy right of the appellant in respect of the building is a separate right available to the ..... the desire limned in the agreement.7. while dealing with the first contention, a reference has to be made to section 53a of the transfer of property act. it applies to a person who contracts to transfer immovable property in writing. if the proposed transferee in the agreement has taken possession of the property, or he continues in possession thereof being already ..... , the appellant recognised the reversion to his pre-existing rights as tenant up to the date of the compromise. in other words, subject to compliance of the terms of the contract, his tenancy rights continued. the terms have not been complied with and the agreement came to an end. thereby, the appellant's pre-existing rights as a tenant stood revived .....Tag this Judgment!