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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Sorted by: old Page 1 of about 6,580 results (0.091 seconds)

Apr 16 1970 (HC)

The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...

Court : Chennai

Reported in : (1973)2MLJ361

..... kinds of contracts. though the said enactment does not purport to deal exhaustively with any ..... these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach ..... of contracts etc., as applicable to all .....

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1812

New Jersey Vs. Wilson

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be purchased for the indians should not thereafter be subject to any tax constituted a contract which could not be rescinded by a subsequent legislative act.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 .....

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Aug 10 1896 (PC)

Davis Vs. Cundasami Mudali

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 .....

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Jul 01 1909 (PC)

Angad Singh Vs. Srinath Das

Court : Allahabad

Reported in : 3Ind.Cas.403

..... the acceptors renders the fusion of a and b into one juristic person indispensable. such an incorporation, however, is not enough for the formation of the contract which creates a joint liability. the acceptance has to be expressed so that the contract may be formed. but a juristic person is incapable of giving expression to an acceptance or of doing any other executive ..... are present inasmuch as a joint act by two or more natural persons, without the formation of one juristic person which is represented by one natural person, is, as has already been shown, inconceivable. this leads me to remark that the expression when two or more persons make a joint promise 'in section 43 of the indian contract act, cannot be taken to mean that ..... to be done by a corporation. the correct and comprehensive proposition ', says sir frederick pollock, in his principles of contract p. 117, 7th edition, 'is that a corporation can do no executive act except by an agent and a corporate seal is only one way of showing that the person entrusted with it is an authorised agent of the corporate body '. the ..... a joint promise can proceed from them without their fusion into one juristic person who is represented by one natural person. the expression states the net result and does not go into the process which brings about that result.5. having analysed a joint contract and set forth the three .....

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May 13 1912 (FN)

Choate Vs. Trapp

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 .....

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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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Sep 23 1925 (PC)

P.V. Veeranan Ambalam Vs. Ayyachi Ambalam

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 .....

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Mar 10 1933 (PC)

Nihal Chand Shastri Vs. Dilawar Khan and ors.

Court : Allahabad

Reported in : AIR1933All417

..... the law relating to contracts, but it is undoubtedly an authoritative statement of the chief rules relating to the formation, ratification and discharge of all agreements enforceable by ..... whole of british india. that act does not profess to be a complete code dealing with every branch of ..... the sake of argument, that act 21 of _1926 does not apply to 'acting' in criminal proceedings and we must then consider what law applies to the agreement as a whole, leaving that act altogether out of consideration.28. in my opinion, the law which the courts are bound to apply is the general law of contract, enacted in the-indian contract act, 1872 which extends to .....

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Mar 09 1938 (PC)

Nibaran Chandra Shaha Vs. Lalit Mohan Brindaban Shaha

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 .....

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